Bill S2379-2013

Imposes additional fines when a person fails to pay his or her fines or fails to complete counseling or community service when mandated

Imposes additional fines when a person fails to pay his or her fines or fails to complete counseling or community service when mandated for unlawful possession of marihuana or unlawful possession of an alcohol beverage.

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Jan 8, 2014: REFERRED TO CODES

Jan 17, 2013: REFERRED TO CODES

Memo

BILL NUMBER:S2379

TITLE OF BILL: An act to amend the penal law and the alcoholic beverage control law, in relation to imposing additional fines when a person fails to pay his or her fines or fails to complete counseling or community service when mandated

SUMMARY OF PROVISIONS:

SECTION 1 amends section 221.05 of the penal Law to add a new paragraph 3, which provides that if a person who has been convicted of unlawful possession fails to pay the fine set by the court within one hundred twenty days after sentencing, the court may impose an additional fine of not more than two hundred and fifty dollars. In addition, the provisions of Criminal Procedure Law Section 120.20 and Article 410, and Judiciary Law Article 20 may also be applied to enforce compliance.

SECTION 2 amends paragraph 3 of section 65-c of the Alcoholic Beverage Control Law by adding a new section (b) which provides that if a person who has been found to have unlawfully possessed an alcoholic beverage with intent to consume fails to pay such fine as may be set by the court, or complete an alcohol awareness program or community service required by the court, within one hundred twenty days of the decision of the court, then in additional to the original fine, awareness program or community service required by the court, the court may impose an additional fine of not more than two hundred and fifty dollars. In addition, the provisions of Criminal Procedure Law

Section 120.20 and Article 410, and Judiciary Law Article 20 may also be applied to enforce compliance.

SECTION 3 provides that this act shall take effect on the ninetieth day after it shall have become law.

PURPOSE AND JUSTIFICATION: Local Justices are reporting an alarming number of people, particularly young people, who are simply disregarding the sentence of the court in cases of simple possession of marijuana or underage possession of alcohol. Many apparently realize that if they do not pay the fine, or complete a course or community service, or even appear, there is nothing more that the court can do. Because jail time is not a possible sentence the court cannot issue a warrant. The small fines or educational and service requirements cannot be increased as an incentive to complete the sentence of the court. In one local court, out of ninety six arrests for underage alcohol possession, six persons had failed to appear, one person has not paid his fine, two are still pending pretrial and thirty-five (30%) have not completed their court ordered alcohol awareness program. Sixty-eight (60%) have appeared, paid their fine and completed their course, which is actually higher than the rate of success in some courts because the court in question tries to involve the young person's parents in the process. The unenforceability of the current law encourages a lack of respect for

the courts and the law by young people and weakens the educational purposes of these laws to discourage underage drinking and marijuana possession.

EXISTING LAW: Penal Law section 221.05 makes simple possession of marijuana illegal, and Alcoholic Beverage Control Law section 65-c makes possession of alcohol with intent to consume by a minor illegal.

EFFECTIVE DATE: This act shall take effect on the ninetieth day after it shall become law.

Text

STATE OF NEW YORK
________________________________________________________________________
2379
2013-2014 Regular Sessions
IN SENATE
January 17, 2013
___________

Introduced by Sens. RANZENHOFER, DeFRANCISCO, LARKIN, MAZIARZ -- read
twice and ordered printed, and when printed to be committed to the
Committee on Codes
AN ACT to amend the penal law and the alcoholic beverage control law, in
relation to imposing additional fines when a person fails to pay his
or her fines or fails to complete counseling or community service when
mandated
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 221.05 of the penal law, as added by chapter 360 of
the laws of 1977, is amended to read as follows:
S 221.05 Unlawful possession of marihuana.
1. A person is guilty of unlawful possession of marihuana when he OR
SHE knowingly and unlawfully possesses marihuana.
Unlawful possession of marihuana is a violation punishable only by a
fine of not more than one hundred dollars. However, where the defendant
has previously been convicted of an offense defined in this article or
article [220] TWO HUNDRED TWENTY of this chapter, committed within the
three years immediately preceding such violation, it shall be punishable
(a) only by a fine of not more than two hundred dollars, if the defend-
ant was previously convicted of one such offense committed during such
period, and (b) by a fine of not more than two hundred fifty dollars or
a term of imprisonment not in excess of fifteen days or both, if the
defendant was previously convicted of two such offenses committed during
such period.
2. IN THE EVENT A PERSON WHO HAS BEEN CONVICTED OF UNLAWFUL POSSESSION
OF MARIHUANA FAILS TO PAY SUCH FINE AS MAY BE SET BY THE COURT WITHIN
ONE HUNDRED TWENTY DAYS AFTER THE DECISION OF THE COURT, THEN IN ADDI-
TION TO SUCH FINE, THE COURT MAY IMPOSE AN ADDITIONAL FINE OF NOT MORE
THAN TWO HUNDRED FIFTY DOLLARS.

EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04853-01-3

S. 2379 2

3. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, SECTION
120.20 OF THE CRIMINAL PROCEDURE LAW SHALL APPLY IN THE EVENT A PERSON
WHO HAS BEEN CHARGED WITH A VIOLATION OF THIS SECTION FAILS TO APPEAR
BEFORE THE COURT ON THE DATE SET BY THE ACCUSATORY INSTRUMENT; ARTICLES
FOUR HUNDRED TEN AND FOUR HUNDRED TWENTY OF THE CRIMINAL PROCEDURE LAW
AND ARTICLE TWENTY OF THE JUDICIARY LAW SHALL APPLY IN THE EVENT A
PERSON WHO HAS BEEN FOUND TO HAVE VIOLATED THIS SECTION FAILS TO PAY
SUCH FINE AS MAY BE SET BY THE COURT WITHIN ONE HUNDRED TWENTY DAYS
AFTER THE DECISION OF THE COURT.
S 2. Subdivision 3 of section 65-c of the alcoholic beverage control
law, as amended by chapter 137 of the laws of 2001, is amended to read
as follows:
3. (A) Any person who unlawfully possesses an alcoholic beverage with
intent to consume may be summoned before and examined by a court having
jurisdiction of that charge; provided, however, that nothing contained
herein shall authorize, or be construed to authorize, a peace officer as
defined in subdivision thirty-three of section 1.20 of the criminal
procedure law or a police officer as defined in subdivision thirty-four
of section 1.20 of such law to arrest a person who unlawfully possesses
an alcoholic beverage with intent to consume. If a determination is made
sustaining such charge the court may impose a fine not exceeding fifty
dollars and/or completion of an alcohol awareness program established
pursuant to section 19.25 of the mental hygiene law and/or an appropri-
ate amount of community service not to exceed thirty hours.
(B) IN THE EVENT A PERSON WHO HAS BEEN DETERMINED TO HAVE UNLAWFULLY
POSSESSED AN ALCOHOLIC BEVERAGE WITH INTENT TO CONSUME FAILS TO PAY SUCH
FINE AS MAY BE SET BY THE COURT, OR COMPLETE AN ALCOHOL AWARENESS
PROGRAM ESTABLISHED PURSUANT TO SECTION 19.25 OF THE MENTAL HYGIENE LAW
AND/OR COMMUNITY SERVICE AS REQUIRED BY THE COURT WITHIN ONE HUNDRED
TWENTY DAYS AFTER THE DECISION OF THE COURT, THEN IN ADDITION TO SUCH
FINE, PROGRAM AND/OR COMMUNITY SERVICE, THE COURT MAY IMPOSE AN ADDI-
TIONAL FINE OF NOT MORE THAN TWO HUNDRED FIFTY DOLLARS.
(C) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY,
SECTION 120.20 OF THE CRIMINAL PROCEDURE LAW SHALL APPLY IN THE EVENT A
PERSON WHO HAS BEEN ALLEGED TO HAVE VIOLATED THIS SECTION FAILS TO
APPEAR BEFORE THE COURT ON THE DATE SET BY THE COURT; ARTICLES FOUR
HUNDRED TEN AND FOUR HUNDRED TWENTY OF THE CRIMINAL PROCEDURE LAW AND
ARTICLE TWENTY OF THE JUDICIARY LAW SHALL APPLY IN THE EVENT A PERSON
WHO HAS BEEN FOUND TO HAVE UNLAWFULLY POSSESSED AN ALCOHOLIC BEVERAGE
WITH INTENT TO CONSUME IN VIOLATION OF THIS SECTION FAILS TO PAY SUCH
FINE AS MAY BE SET BY THE COURT, OR COMPLETE AN ALCOHOL AWARENESS
PROGRAM ESTABLISHED PURSUANT TO SECTION 19.25 OF THE MENTAL HYGIENE LAW
AND/OR COMMUNITY SERVICE AS REQUIRED BY THE COURT, WITHIN ONE HUNDRED
TWENTY DAYS AFTER THE DECISION OF THE COURT.
S 3. This act shall take effect on the ninetieth day after it shall
have become a law.

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